Various - The Atlantic Monthly, Volume 08, No. 48, October, 1861

Against the strong array of facts and fictions presented by the prosecution the only circumstance that could be urged by the counsel for the prisoner was, that the child was murdered along with the mother; and this could only avail to strengthen a presumption of innocence, had innocence been otherwise rendered probable; but when a conviction of his guilt had been arrived at already, it merely served to increase the atrocity of his crime, and to insure the enforcement of its penalty.

After a two days' struggle, in which every resource of reason and eloquence was exhausted by the defendant's counsel, the judge proceeded to a summing up which left the jury scarcely an option, even had they been inclined to acquit. The latter withdrew in the midst of a deep and solemn silence, while the respectful demeanor of the spectators showed that at last a feeling of pity was beginning to steal into their hearts for the unhappy gentleman, who still sat, as he had done during those two long days of suspense, with his face buried in his hands, as motionless as a statue. A profound stillness reigned in the hall during the absence of the jury, broken only occasionally by a stifled sob from some of the ladies present. After an absence of less than an hour the jury returned and handed in a written verdict; and as the fatal word "Guilty" fell from the white lips of the agitated clerk, the calmest face in that whole vast assembly was that of him whom it doomed to the ignominious death of a felon. And calm he had been ever since the dreadful morning of his arrest; for the vial of wrath had then been broken upon his head, and he had tasted the whole bitterness of an agony which can be endured but a short while, and can never be felt a second time. For, as intense heat quickly destroys the vitality of the nerves on which it acts, and as flesh once deeply cauterized by fire is thenceforth insensible to impressions of pain, so the soul over which one of the fiery agonies of life has passed can never experience a repetition thereof. Besides, it is well known that the anticipation of an unjust accusation is far more agitating to a virtuous man than the reality, which is sure to arouse that strange martyr-spirit wherewith injustice always arms its victim, and supported by which alone even the most timid men have often suffered with fortitude, and the most unworthy died with dignity.

At that time the judicial arrangements of Kentucky allowed an appeal, in criminal cases, from the Circuit to the District Court; and it was determined to carry this cause before the latter tribunal, Mr. Breckenridge declaring that he believed he should be able to reverse the verdict. On what ground he founded this opinion we do not know: whether he felt convinced that the local prejudice against his client and the influence of his enemies in the County of – had mainly contributed to bring about the unfavorable result of the present hearing, and he hoped to escape these adverse agencies by a change of venue,—or whether he counted on a change of public feeling after the first burst of excitement had subsided, to bear him through,—or whether he had discovered the falsehood of the testimony of the sister-in-law,—or, finally, whether it was that he had obtained a clearer and more favorable insight into the case, and recognized grounds of hope therein,—it is impossible now to say. But it is certain, that to the defendant and his friends he declared his confidence of a final acquittal, if the cause were transferred to the appellate court; and John Breckenridge was not a man to boast emptily, or to hold out hopes which he knew could never be realized. But at this crisis occurred a strange misunderstanding, which drove from the support of the wretched victim of Fate the only man who thoroughly understood the case in all its minutest details, and would have been most likely to conduct it to a happy termination. When the preparations for the last struggle were almost completed, and the time set for the final trial drew near, Mr. McC–, who, as Captain Wilde's brother-in-law, had been most active and zealous in his behalf, was informed by some officious intermeddler that Breckenridge had said in confidential conversation among his friends, "that the case was entirely desperate, that he had no hope whatever of altering the verdict by an appeal, and the family would save money by letting the law take its course, there being no doubt of the justice of the sentence." Mr. McC–, believing that he might rely on the word of his informant, unfortunately, without making any inquiry as to the truth of the tale, and without assigning any reason, wrote to Mr. Breckenridge a curt letter of dismissal, and immediately employed George – to conduct the further defence. This gentleman, surpassed by no man in Kentucky as a logician, lawyer, and orator, was inferior to the discarded attorney in that great requisite of a jury-lawyer, personal popularity, besides laboring under the disadvantage of being new to the case, and having but a short time to make himself acquainted with its details. Personal pique and professional punctilio, of course, withheld his predecessor from affording any further assistance or advice in a business from which he had been so summarily dismissed. We cannot now measure accurately the effect of this change of counsel; we only know, that, at the time, it was considered most disastrous by those having the best opportunities of judging.

But if Mr. – went into the cause under this disadvantage, he was spurred on by the consideration that in his client he was defending a friend: for they had been friends in youth, and, though long separated, the tie had never been interrupted. Hence he threw himself into the case with an ardor which money could never have inspired, and in the course of the few remaining days had succeeded in mastering all its essential points.

The interest excited by this second trial was as deep and far more widely spread than by the first. Few proceedings of the kind in Kentucky ever called together a crowd at once so large and intelligent, a great proportion being lawyers, who had been induced to attend by the desire to witness what it was expected would be one of the most brilliant efforts of an eminent member of their fraternity.

The principal difference between the two trials was, that, on this occasion, the testimony of the sister-in-law was much damaged by the exposure both of her exaggerations and suppressions of important facts touching the incident at the breakfast-table. Having incautiously allowed herself to be drawn into particularizing so minutely as to fix the exact date, and so positively as to render retraction impossible, she was, to her own evident discomfiture, flatly contradicted by more than one of those present on that occasion, who described the scene as it actually occurred. Of course, after such a revelation of untruthfulness, her whole testimony became liable to suspicion, the more violent that the falsehood was plainly intentional. Moreover, the defendant was now provided with evidence of the constant and intolerable provocations to which he had been subjected during the whole of his married life. Of this, however, the most moderate and guarded use was to be made; because, while it was necessary, by exposing the true character and habitual violence of his wife, to relieve the prisoner of that load of public indignation which had been excited against him on account of his alleged brutality, it was even more important that no strong resentment should be supposed to have grown up on his part against his tormentor. This delicate task was managed by the attorney with such consummate skill, that, when the evidence on both sides was closed, public sympathy, if not public conviction, had undergone a very perceptible change. The prosecutors, aware of this, felt the success of their case endangered, and exerted themselves to the utmost to prevent the tide, now almost in equilibrium, from ebbing back with a violence proportionate to that of its flow. But the argument even of their ablest champion, John –, seemed almost puerile, in comparison with this, the last effort of George –,—an effort which was long remembered, even less on account of its melancholy termination than for its extraordinary eloquence. The Kentuckians of that day were accustomed to hear Breckenridge, Clay, Talbot, Allen, and Grundy, all men of singular oratorical fame,—but never, we have heard it affirmed, was a more moving appeal poured into the ears of a Kentucky jury. Availing himself of every resource of professional skill, he now demonstrated, to the full satisfaction of many, the utter inadequacy of the circumstantial evidence upon which so much stress had been laid to justify a conviction,—sifting and weighing carefully every fact and detail, and trying the conclusions that had been drawn therefrom by the most rigorous and searching logic,—and then, assailing the credibility of the testimony brought forward to prove the habitual cruelty of his client, he gave utterance to a withering torrent of invective and sarcasm, in which the character of the main hostile witness shrivelled and blackened like paper in a flame. Then—having been eight hours on his feet—he began to avail himself of that last dangerous resource which genius only may use,—the final arrow in the lawyer's quiver, which is so hard to handle rightly, and, failing, may prove worse than useless, but, sped by a strong hand and true aim, often tells decisively on a hesitating jury,—we mean a direct appeal to their feelings. Like a skilful leader who gathers all his exhausted squadrons when he sees the crisis of battle approaching, the great advocate seemed now to summon every overtaxed power of body and spirit to his aid, as he felt that the moment was come when he must wring an acquittal from the hearts of his hearers. Nor did either soul or intellect fail at the call. Higher and stronger surged the tide of passionate eloquence, until every one felt that the icy barrier was beginning to yield,—for tears were already seen on more than one of the faces now leaning breathlessly forward from the jury-box to listen,—when all at once a dead silence fell throughout the hall: the voice whose organ-tones had been filling its remotest nook suddenly died away in a strange gurgle. Several physicians present immediately divined what had happened; nor were the multitude near kept long in doubt; for all saw, at the next moment, a crimson stream welling forth from those lips just now so eloquent,—checking their eloquence, alas, forever! It was quickly reported through the assembly that the speaker had ruptured one of the larger blood-vessels in the lungs. The accident was too dangerous for delay, and George – was borne almost insensible from the scene of his struggles and his triumphs, to reënter, as it proved, no more. He lived but three days longer,—long enough, however, to learn that he had sacrificed his life in vain, the jury having, after a lengthened consideration, affirmed the former verdict against his friend and client.